40 CFR § 158.1786 - Termites.

---
identifier: "/us/cfr/t40/s158.1786"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "40 CFR § 158.1786 - Termites."
title_number: 40
title_name: "Protection of Environment"
section_number: "158.1786"
section_name: "Termites."
chapter_name: "ENVIRONMENTAL PROTECTION AGENCY"
subchapter_number: "E"
subchapter_name: "PESTICIDE PROGRAMS"
part_number: "158"
part_name: "DATA REQUIREMENTS FOR PESTICIDES"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "7 U.S.C. 136-136y; 21 U.S.C. 346a."
regulatory_source: "72 FR 60957, Oct. 26, 2007, unless otherwise noted."
cfr_part: "158"
---


# 158.1786 Termites.

(a) *General.* The tables and test notes in this section apply to the subterranean termite, desert subterranean termite, Formosan subterranean termite, drywood termite, and dampwood termite. The labeling claim determines the required test species. The required test species for labeling claims appear in paragraph (b) of this section. The required performance standards appear in paragraph (c) of this section.

(b) *Test species.* For products making a claim against termites, the required test species for a labeling claim appear in the following table. For the structural protection and wood preservative claim categories, a claim against any specific genus of subterranean termite must be supported by data on that individual genus and all the required test genera for a subterranean termite claim must be tested and submitted.

Table 1 to Paragraph **(b)**—Required Test Species for Products Making a Claim Against Termites

| Labeling claim | Required test species |
| --- | --- |
|  |  |
| Termites | Testing on species from four genera of termites is required:
Testing is required on the following  termite:
 AND one of the following  species:
 OR  OR  AND one of the following arboreal termite species:
 AND one of the following drywood termite species:
 OR  OR  OR . |
|  |  |
| Arboreal Termites | Testing of one arboreal termite species is required: |
| Dampwood Termites | Testing of the following dampwood termite is required:
 sp. |
| Drywood Termites | Testing of one of the following drywood termites is required:  OR  OR  OR |
| Subterranean Termites, including Formosan Subterranean Termites | Testing in two genera of termites is required: Testing on the following  species is required:
AND one of the following  species:
 OR  OR |

(c) *Performance standards.* The performance standards for pesticide products making certain claims against termites appear in the following table. The performance standards for labeling claims not provided in the following table appear in § 158.1704.

Table 2 to Paragraph **(c)**—Performance Standards for Certain Claims Against Termites

| Claim category | Performance standard |
| --- | --- |
| Non-Structural Protection: Wood Preservative Treatment | 100% prevention of damage to wood for ≥2 years. |
| Structural Protection, except Baits | 95% prevention of damage to wood ≥5 years. |
| Structural Protection: Bait Treatment | 95% prevention of damage to wood ≥3 years. |